Overview

• Justice Department memo dated May 30 directs judges to grant oral motions to dismiss within the same hearing slot, eliminating the usual 10-day response period.
• Once cases are dismissed, immigrants enter expedited removal proceedings subject to mandatory detention by ICE without an asylum hearing.
• The memo omits the phrase “of the case” from the statute governing dismissals, prompting legal challenges from the American Immigration Lawyers Association.
• Immigration judges say the directive undermines due process and contradicts assurances of fair enforcement under Trump’s immigration agenda.
• ICE custody has already exceeded its 41,500-person capacity, raising fears that swift dismissals could exacerbate overcrowding and strain resources.